Facts
G., born in 1984, suffers from congenital defects (early childhood brain damage with motor disorders, severe psychointellectual and motor developmental delay, epilepsy). In 1985, he was registered with the Disability Insurance (IV) and received various medical, educational-therapeutic and special school measures. By decision of June 13, 2003, the IV office rejected the claim for a helplessness allowance. On February 11, 2004, he reapplied for a helplessness allowance, which the IV office rejected by decision of April 21, 2004. However, the Insurance Court of the Canton of St. Gallen granted him an allowance for mild helplessness from January 1, 2004.
The IV office filed an administrative court appeal against this decision.
Considerations
The Federal Supreme Court upholds the administrative court appeal. It states that the concretization of the cases of application of practical life assistance carried out by the BSV is generally to be considered as objectively justified and thus in accordance with the law and ordinance. However, in the context of practical life assistance under Art. 38 Para. 1 lit. a IVV, not only indirect but also direct third-party assistance can be taken into account. The distinction between indirect and direct…